Constitution_Of_Botswana.TXT
for the purposes of the Presidential election;
(d)
the returning officer shall declare to be elected as President any
candidate for whom support has been declared in accordance with paragraph (a) above
by not less than such number of persons elected as Members of the National Assembly
in the Parliamentary election as corresponds to more than half the total number of
seats for Elected Members in the Assembly, and if there is no such person the
returning officer shall declare that no candidate has been elected.
(4) Parliament may make provision whereby the time for nominating
Presidential candidates may be extended in the event of there being no qualified
candidate nominated at the expiration of the time for the delivery of such
nominations.
(5) Where, at the expiration of the time for the delivery of nominations in
the election of a President, more than one qualified candidate is validly nominated
and any of those candidates dies before the commencement of the poll in the
Parliamentary election, the poll in the Parliamentary election shall be
countermanded, fresh nominations of Parliamentary candidates shall take place in
every constituency and a fresh election of a President shall be held in accordance
with the foregoing provisions of this section.
(6) Where(a)
any candidate in an election of a President dies during the period
commencing with the taking of the poll in the Parliamentary election and ending when
the result of the election has been ascertained and that candidate would, but for
his or her death, have been entitled to have been declared elected as President
under subsection (3) of this section; or
(b)
the returning officer declares in accordance with the provisions of
subsection (3)(d) of this section that no candidate has been elected,
the new National Assembly shall meet on such day (not being more than 14 days after
the result of the election is ascertained or, as the case may be, the declaration
that no candidate has been elected) as the Speaker shall appoint, and shall elect a
person to the office of President in such manner as is prescribed by section 35(5)
of this Constitution and subject thereto by or under an Act of Parliament. Such an
election shall take place before the election of the Specially Elected Members of
the National Assembly.
(7) A person elected to the office of President under this section shall
assume that office on the day upon which he or she is declared elected.
(8) Without prejudice to the provisions of section 92 of this Constitution,
an Elected Member of the National Assembly may, in the event of there being one or
more successful election petitions following a general election, move, at the first
sitting of the Assembly after the resultant by-elections have been decided and the
Members thereby elected have taken their seats, that the President does not enjoy
the support of the majority of the Elected Members of the Assembly; and in the
voting on that question the Specially Elected Members of the Assembly shall have no
vote. If it appears as a result of the voting on that question that the President
does not enjoy the support of a majority of the elected Members of the Assembly, the
office of President shall become vacant.
(9) Any Elected Member of the Assembly may give notice to the President that
he or she intends to move in the Assembly a motion under subsection (8) and
notwithstanding any other provision of this Constitution the President shall not
after receipt of any such notice be empowered to dissolve Parliament before the
conclusion of the sitting of the Assembly mentioned in the said subsection (8).
(10) If the office of President becomes vacant in accordance with subsection
(8) of this section the seats of the Specially Elected Members of the Assembly shall
also become vacant, and the election of a person to the office of President shall
take place before the election of the Specially Elected Members.
(11) In this section"Parliamentary candidate" means a candidate in the Parliamentary election;
"the Parliamentary election" means the general election to elect those
Members of the National Assembly who are referred to in section 58(2)(a) of this
Constitution following any dissolution of Parliament;
"Presidential candidate" means a candidate for the office of President;
"the returning officer" means the returning officer specified in section 38
of this Constitution.
[Ch0000s33] 33. Qualification for election as President
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